FOCUSED ON LEGAL ISSUES AFFECTING BUSINESSES OF ALL SHAPES AND SIZES

On Monday, December 11, 2017, the Supreme Court announced its decision not to review the case of Evans v. Georgia Regional Hospital, a case concerning whether discrimination on the basis of sexual orientation constitutes sex discrimination.

Effective July 1, 2015, the Virginia Department of Labor and Industry will implement a new Occupational Safety and Health policy to combat misclassification of workers. Misclassification occurs when an employer improperly classifies a worker as an independent contractor who should in fact be an employee.

In another long awaited U.S. Supreme Court decision related to the Affordable Care Act, yesterday the high court struck down a requirement in the ACA that employers, through their sponsored health insurance, provide female employees free access to certain types of birth control.

Do you conduct background checks on job applicants or your employees? Take note! In a new joint publication, "Background Checks: What Employers Need to Know," the Equal Employment Opportunity Commission and the Federal Trade Commission provide useful tips on complying with federal discrimination laws and the Fair Credit Reporting Act. The publication reminds employers of the "do's and don't's" to comply with the FCRA procedures when running a background check.

At times, corporate targets of government investigations become frustrated by the apparent lack of responsiveness by the investigating agencies. Some members of the judiciary evidently share that frustration and last week took a federal agency to task for suing a business after years of feet dragging during its administrative investigation. In EEOC v. Propak Logistics, Inc., the Fourth Circuit affirmed an order requiring the EEOC to pay the defendant's attorneys' fees to the tune of nearly $200,000. According to the Court, "the EEOC unreasonably initiated the lawsuit" after years of delay.

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The Spotts Fain Lawful Thoughts® blog focuses on the current legal issues affecting businesses of all shapes and sizes. From labor and employment and construction, to intellectual property and beyond, Lawful Thoughts® provides businesses with easy to read, practical thoughts on the current legal trends and topics facing businesses today.

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